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Release From TDC - Parole Revocation Hearings & Appeals

Parole Packets are an extremely important means by which the Texas Board of Pardons and Parole Panel can receive information about an inmate's rehabilitation, his or her character, where and in what type of environment they will live and what type of employment and education they have waiting for them upon release.

The Texas Board of Pardons and Parole panels that review cases for parole and mandatory supervision often see hundreds of files come before them in any given month. It is important to have a Parole Packet with a Request for an Interview before the Panel when they are making their decision.

Prior to coming up for Parole or Mandatory Supervision an inmate will be interviewed by an Institutional Parole Officer, the IPO. The interview can be extensive or extremely short. Some inmates have an interview that consists of two questions.

"Are you Joseph J. Padian TDCJ No. 1111111?" and "Where do you plan to live if you are released?"

Some interviews, however involve questions which the inmate needs to be prepared to answer or it may reflect badly on him or her when the interviewers report gets in front of the Panel.

Once the IPO has done their interview, they will send the inmate's TDCJ file from the IPO office to the Board Panel reviewing the case. There are six Panels in Texas and the TDC Unit where the inmate is located determines which panel will hear the case.

A lead voter from the three person Panel is assigned to the case. He or she will get the TDCJ file and review it. There should also be a Parole Packet there for the Lead Voter to review as well. If the Lead Voter grants the Request for Interview, which is discretionary, then an interview will be conducted with at least one member of the family or support group who is available on behalf of the inmate.

Once the interview has been conducted and all the information reviewed, the Lead Voter will make a determination as to whether they will release the inmate on Parole or Mandatory Supervision or deny their release with a Set Off or a Serve All. The case then goes to the next Panel Member who votes. If they agree with the lead voter the decision is final. If they don't it goes to the final member of the Panel who the 'breaks the tie' so to speak.

The Panel Members look at the following factors in granting or denying Parole or Mandatory Supervision:

One or more of the components indicated in each paragraph listed below may apply, but only one is required for approval (A) or denial (D).

1. CRIMINAL HISTORY

A The record does not include a documented pattern of violent or assaultive arrests or convictions on the part of the inmate; criminal history appears to be primarily restricted to non-violent offenses; available information indicates only incarceration.

D The record indicates that the inmate has repeatedly committed criminal episodes or has a pattern of similar offenses that indicates a predisposition to commit criminal acts upon release; or the record indicates that the inmate is a leader or active participant in gang or organized criminal activity; or the record indicates a juvenile or adult arrest for felony or misdemeanor offenses.

2. NATURE OF OFFENSE

D The record indicates that the inmate committed one or more violent criminal acts indicating a conscious disregard for the lives, safety, or property of others; or the instant offense or pattern of criminal activity has elements of brutality, violence, or conscious selection of victim’s vulnerability such that the inmate poses a continuing threat to public safety; or the record indicates the use of a weapon.

3. DRUG OR ALCOHOL INVOLVEMENT

A The record indicates limited or non-involvement with drug sales or usage; the record indicates limited or non-involvement with alcohol consumption.

D The record indicates excessive drug or alcohol involvement that includes possession, use or delivery in the instant offense or criminal history.

4. INSTITUTIONAL INVOLVEMENT

A The record indicates that the inmate has maintained a satisfactory institutional adjustment; i.e., no major disciplinary cases, loss of time or demotion in classification since the previous review.

D The record indicates that the inmate committed a major disciplinary offense during the preceding six months resulting in a loss of good conduct time or loss of status below that at which the inmate entered prison; a pattern of disciplinary infractions since the last review indicates a disregard for rules.

5. ADJUSTMENT DURING PERIODS OF SUPERVISION

A The record indicates successful periods of supervision on probation, parole, or mandatory supervision.

D The record indicates unsuccessful periods of supervision on previous probation, parole, or mandatory supervision that resulted in incarceration, including parole-in-absentia.

6. PARTICIPATION IN TDCJ-CID PROPOSED OR SPECIALIZED PROGRAMS

A The record indicates participation in and completion of TDCJ-CID proposed or specialized programs; the inmate has completed one or more vocational or academic programs that should enhance chances to obtain and maintain full-time stable employment.

D The record indicates that the inmate refused to participate or intentionally failed to complete TDCJ-CID proposed program(s) made available to the inmate.

7. TIME SERVED

A The record indicates that length of time served by the inmate is congruent with offense severity and criminal history.

D The record indicates that length of time served by the inmate is not congruent with offense severity and criminal history.

8. FELONY OFFENSE

D The record indicates that the inmate has been charged before a magistrate, indicted, or convicted by a court of competent jurisdiction, with a felony offense committed while incarcerated.

9. DISCRETIONARY MANDATORY SUPERVISION—For a vote not to release, it is necessary to vote both D1 and D2, along with any other reasons that may apply.

A Release to Discretionary Mandatory Supervision.

D1 The record indicates that the inmate’s accrued good conduct time is not an accurate reflection of the inmate’s potential for rehabilitation.

D2 The record indicates that the inmate’s release would endanger the public.

10. OTHER

A or D Write an explanation.

If the Panel grants Parole they can do so in one of the following ways:

(A) FI-1--Release when eligible;

(B) FI-2 (Month/Year)--Release on a specified future date within the three year incarceration period following either the prior parole docket date or date of the panel decision if the prior parole docket date has passed;

(C) FI-3 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than three months from specified date. Such TDCJ program may include the Pre-Release Substance Abuse Program (PRSAP). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;

(D) FI-4 (Month/Year)--Transfer to Pre-parole Transfer facility prior to presumptive parole date set by board panel and release to parole supervision on presumptive parole date, but in no event shall the specified date be set more than three years from either initial eligibility date, current docket date or date of panel decision, if the aforementioned dates have passed;

(E) FI 5--Transfer to Inpatient Therapeutic Community Program. Release to aftercare component only after completion of IPTC program;

(F) FI 6 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than six months from specified date. Such TDCJ program may include the Pre-Release Therapeutic Community (PRTC). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;

(G) FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than nine months from specified date. Such TDCJ program may include the In-Prison Therapeutic Community (IPTC). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed;

(H) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than 18 months from specified date. Such TDCJ program may include the Sex Offender Treatment Program (SOTP). In no event shall the specified date be set more than three years from the current docket date or the date of the panel decision if the current docket date has passed.

Joe Padian is a licensed attorney practicing throughout the State of Texas. He has successfully handled over 1000 Parole Revocation Hearings, Motions to Reopen and First Set Off Date Releases.

Let Joe Padian help you.

If you would like to contact Joe, please do so at one of the following: